Is privatization of a land plot for a private house obligatory? How to register ownership of both?

It should be recalled that privatization is a voluntary decision, and refusal of this procedure does not cancel the fact of ownership. Here is a step-by-step guide where you will find out what documents are needed to privatize land, what is the procedure for drawing up an agreement and a cadastral passport.

Who can privatize land?

There is a law according to which citizens of the Russian Federation can privatize plots of land for free. This law has been in effect for quite a long time, but not all people during this period were able to privatize their free land area. The issue of free privatization of land has become relevant since 2001, due to the adoption of the Land Code.

Privatization concerns ordinary citizens who have received the right to do so. Most people have already successfully used their plots, but for those who are just planning, you should understand the procedure and mechanisms for its transfer and distribution.

Privatization is the actual transfer of land plots from municipal or state organizations to the ownership of ordinary people. The action of privatizing one free plot is carried out only once in a lifetime. In other cases, land is purchased or leased.

Those who did not have time to complete this procedure should not worry; according to the new law, the opportunity has been extended until March 1, 2020.

Kinds

Garden partnerships are a group of 2 or more members who share a plot of land.

Such partnerships are divided into two types:

• Commercial.
• Non-profit.

The purpose of commercial partnerships is only to make a profit. Monetary contributions that are present in the organization must be divided equally among all members. That is, membership is carried out for the sake of making a profit, it is like a business.

Non-profit partnerships are independent of cash contributions. Their plots of land are divided equally among all gardeners. Such partnerships are created in order to carry out this or that work to provide the socio-economic needs of people. Such partnerships are in demand. In privatization, as in other processes concerning documents, it is necessary to know where this can be done.

What land cannot be privatized?

There are cases in which it is strictly prohibited to privatize land plots.

• In the absence of documentation indicating the territorial border.
• Some zones, which include forestry, protected areas and areas protected by local government agencies. The use of the land must be noted in the documentation.
• Areas contaminated with chemical or radiation substances.

The law strictly prohibits the privatization of such lands, and there is no basis for allowing their use as private property.

Is it possible to save money?

Of course, a logical question arises: how and on what can you save with this procedure. It depends on what kind of savings you are interested in. It can be monetary or time saving. Here intermediaries “seemingly” involved in resolving your affairs begin to offer their help, of course, for a fee. But practice shows that in this way it is not only impossible to save money, but moreover, it will entail many additional costs, not to mention the lack of reliability of the company with which you will deal.

It is worth understanding that privatization is not too expensive a procedure to be transferred to the hands of dubious organizations. The cheapest and most reliable way is to fulfill the requirements yourself. And if problems arise, you can additionally take advantage of the advice and assistance of a lawyer online without registration or telephone on our website.

Deadlines and registration process

Privatization can be of two types: paid or free.

To complete free privatization, you need:

1. Submit an application addressed to the head of the territorial administration and provide a complete package of documents.
2. Wait two weeks for it to be reviewed, provided that no papers provided were lost.
3. If approved, you have the right to privatize the land plot for free.

Carrying out paid privatization occurs as follows:

1. Special authorities conduct an examination of the site that you want to privatize;
2. Then they set a price for it;
3. In this case, you bear the costs of paperwork;
4. Then you wait about a month until the consideration of the case is completed;
5. The next point will be the signing of a purchase and sale agreement for the plot and its transfer to your private use.

There is a rule according to which only citizens of Russia can receive a plot of land; citizens of other countries do not have such a right. If you still have the required citizenship, then you should know that there are two stages of registration. The first is obtaining consent from the body to which the application is sent, the second is directly registering property rights in Rosreestr.

Collection of necessary documents

To carry out the process of obtaining a plot, you need to collect the following package of documents:

• statement;
• if the site has already been received for free use, an application is required in the form of filing an application for termination of such right;
• have with you a passport of a citizen of the Russian Federation;
• if you, the applicant, are married, you need the consent of your spouse in documentary form;
• paper confirming that you are the legal owner of the land;
• cadastral passport, as well as an extract from the register obtained for this site;
• if the citizen submitting the documents is a representative of a large family, you must provide a document that could confirm this;
• And the last thing you need to have with you when submitting documents is confirmation of a special category of citizens in accordance with Article 39.5 of the Land Code.

How to make an application?

An application to the local administration office is drawn up addressed to the head of the executive committee. It states:

• location of the dacha;
• type of right to land in common joint ownership;
• date of allotment of the land plot or purchase of the dacha.

The following indicate the significant factors relevant to the stated procedure. These may include:

• bona fide possession of the site;
• no arrears in payments and taxes;
• presence (absence) of buildings;
• request for privatization and reason for privatization.

The application for registration of property rights can be downloaded free of charge in MS-Word format.

It is necessary to indicate the fact that the right to freely re-register land as a property has not been used, and to put a date and signature.

Attached documentation

Depends on the nuances of the procedure and the availability of certain documents.

Be sure to introduce yourself:

• civil passports of applicants;
• certificates of the type of right;
• cadastral passports;
• extract from the minutes of the general meeting of summer residents;
• certificate from the board confirming the absence of debt.

Representatives acting in the interests of the dacha owner are required to present their own passport and a notarized power of attorney.

If leased land is privatized - a lease agreement. For individual representatives - a copy of the lease agreement and a land survey document for the allocation of their own share.

An approximate sample of a land lease agreement with the municipal government can be downloaded and viewed in MS-Word format.

Difficulties and problems

If you decide to engage in privatization, you should take into account the difficulties that you will encounter when completing this procedure. The main difficulties faced by designers:

1. Errors in the sizes of plots issued earlier The first problem that you will have to face is that during the entire period of issuance of land, there were inaccuracies in registration. Moreover, the failures are associated with those distributed areas that were issued in the 90s. The state was in a hurry to give everyone their land, as a result there were frequent errors in the size of plots, which creates additional difficulties in obtaining.
2. Missing deadlines If you do not have time to register the land before March 1, 2021, most likely you will have to buy it back at its real cost.
3. No land documents If you, as a user of a summer cottage, do not have the necessary land documents, then you will have to either raise land archives in the appropriate committee or go to court. It will not be possible to complete the procedure without documents.

Remember, if you are refused privatization, the authority is obliged to provide you with documents where this is indicated and certified by a seal.

PRO new building (Moscow)

What to do in such a situation? If you are not sure who you are registering, then make a temporary registration. The registration authority will register your application temporarily. It will not be a discovery to say that there are still many plots of land, car enthusiasts’ garages and other objects in the country that have not yet been privatized. Strictly from the point of view of the law, they cannot be sold or bought, but, as they say, if you can’t, but really want to, then you can.

From 2006 to the present, the Federal Law on the rules for registering ownership of suburban real estate, the so-called “dacha amnesty” law, has been in force in Russia. Privatization of a garden plot has its own rules, which are worth thoroughly understanding.

How to divide bills in a privatized apartment? If all property owners agree to determine their shares for payment, division can be made by submitting an application to the Criminal Code.

Reasons for failure to register a land plot

There are a sufficient number of reasons for refusal to provide land by government agencies:

• If the land has already been allocated for the construction of schools, kindergartens or public roads;
• In case of preliminary reservation of a site for military purposes;
• It may happen that the owner of the land, in this case a government agency, does not have the right to transfer it for privatization;
• The land plot may not have clear dimensions due to an error in the document;
• Refusal when trying to submit fake documents or passports;
• If the land has already been leased;
• If the plot has already been privatized;

According to these and some other violations, you may receive a refusal. If you consider the refusal to be unlawful, you still have the right to go to court. If the trial takes place at the state level, it will most likely not be possible to challenge such a decision.

Consequences if only the building is privatized, but the plot is not

Some people have a natural question: why privatize land if there is ownership of a house? To answer, you need to analyze the possible consequences. A non-privatized plot remains the property of the state, i.e. at the disposal of local authorities. You cannot build anything on it (not even a shed) without their permission.

The most dangerous thing is if the state needs the land for its own needs . It may require the site to be vacated. Compensation will simply be paid for the property located on it. Local authorities can seize part of the land near the house without any payments at all, by their own order, incl. for the construction of any objects.

Privatization of a land plot by a privileged person

You should know that privileged persons are automatically extended the period of privatization by 10 years. In addition, the registration itself may take longer than two weeks. This is necessary so that a person with a disability or any other person with benefits can have time to comply with all the necessary procedures, collect documents and submit applications.

In this case, you need to make sure that copies of documents are made in advance to save time. When you are given certificates, ask how long they will be valid so as not to have problems with deadlines. All this will provide the beneficiary with timely and correct registration and, accordingly, the procedure for transferring the territory will proceed correctly and without unnecessary hassle.

Contacting a lawyer

If you do not have experience in registration or you do not want to independently understand all the details of such a procedure as privatization and registration of a land plot, you can always turn to legal services for land management. The lawyer will not only advise and bring you up to date with the matter in a fairly quick time, but will also take on the responsibility of protecting you from illegal actions on the part of the registrar.

After reading this article, you can understand the main problems and errors that arise periodically when submitting papers and making decisions, but this does not insure you against unforeseen situations that often occur in such matters.

Why did the opportunity arise for private free privatization and the transfer of funds from state ownership? This was necessary when our country was transitioning to a market economy, and private property came in exchange for collective ownership. Thanks to these changes, individuals and legal entities have the opportunity to own their own plot of land and use it for personal purposes or rent it out.

Once again, we draw your attention to the fact that privatization is free until 2020, but only on condition that the designer has not previously used his one-time right to free privatization.

Is it necessary to register ownership of a residential building in the village?

Privatization, at its core, involves the transfer of property rights from the state to an individual or legal entity. Taking this into account, there is no need to talk about the possibility of privatizing a private house on its own plot. We can only talk about registration of property rights, if they have not been legalized earlier.

On a non-privatized plot, in principle, it is possible to live in a house for one or more owners, which belongs to the state (for example, after the collapse of collective farms, state farms, and other structures).

In this case, the procedure for privatizing a house with a land plot is carried out.

Grounds and conditions for the procedure

The grounds for privatization are related to long-term residence in the house, if such a right was given before 2001 and is documented. Legal occupancy could have been granted by the previous local authority or by the previous owner who had the right to use the land in perpetuity.